Congress proposes withholding federal funds from states that label gender-affirming care refusal as child abuse
Congress introduced the Yaeli Martinez Child Protection Act, which would cut federal aid to states that treat parents who refuse gender-affirming treatment as child abusers and would enforce out-of-state custody orders.
Republican lawmakers have drafted the Yaeli Martinez Child Protection Act to target state child-welfare systems that deem parental refusal to affirm a child’s gender identity as abuse. Sponsored by Sen. Eric Schmitt and Rep. Mary Miller, the legislation would withhold federal funds from any state that enforces such findings and would require courts to honor existing custody orders when a child is removed for “sex-rejecting” procedures, including pronoun changes, hormone therapy, or gender-segregated housing.
The bill also bars federally funded agencies from removing children, initiating dependency cases, or placing parents on abuse registries solely for gender-related reasons, and it limits funding for gender-related medical or social interventions in foster care. Support comes from a diverse coalition of more than 30 organizations, ranging from the Heritage Foundation to the Women’s one outlet Front. Named after Yaeli Martinez, a teenager who died after being placed in foster care and prescribed cross-sex hormones despite her mother’s objections, the proposal reflects ongoing disputes in states such as Massachusetts, where families are challenging state child-protective actions in court.
Why it matters
The bill uses federal funding to shape state policies on gender-related child welfare, affecting families and state authority.
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